In re Gerstel (supra). In re Adler, 12 Am. B. R. 19, 129 Fed. 902.

In re Kane, 10 Am. B. R. 478, 125 Fed. 984.

In re Felson, 10 Am. B. R. 716, 124 Fed. 288. In re Mize, 22 Am. B. R. 577, 172 Fed. 945.

Court must be satisfied of bankrupt's present ability to comply.- [See, I§. 41, Vol. I, ante.]

In re Davison, 16 Am. B. R. 337, 143 Fed. 673.

In re Cole (C. C. A., 1st Cir.), 16 Am. B. R. 302, 144 Fed. 392, 75 C. C. A. 330, modfg. 14 Am. B. R. 389, 135 Fed. 439.

American Trust Co. v. Wallis (C. C. A., 3d Cir.), 11 Am. B. R. 360, 126 Fed. 464, 61 C. C. A. 342.

In re Stavrahn (C. C. A., 2d Cir.), 23 Am. B. R. 168, 174 Fed. 330, 98 C. C. A. 202.

In re Cramer, 23 Am. B. R. 637, 175 Fed. 879.

In re Tudor, 2 Am. B. R. 808, 96 Fed. 942.

In re Mize (supra).

In re Reynolds (D. C., Ala.), 27 Am. B. R 200, 190 Fed. 967, affd. Stuart V. Reynolds, 204 Fed. 709, 123 C. C. A. 13.

Epstein v. Steinfeld (C. C. A., 3d Cir.), 32 Am. B. R. 6, 210 Fed. 236, 127 C. C. A. 54, affg. In re Epstein, 30 Am. B. R. 387, 206 Fed. 568.

Bankrupt held deprived of his legal rights.

In re Frank (supra).

When not granted.

In re LaPlume Condensed Milk Co. (D. C., Pa.), 16 Am. B. R. 729, 145 Fed. 1013.

In re Walder (D. C., Conn.), 16 Am. B. R. 41, 142 Fed. 784.

In re Longbottom and Sons, 15 Am. B. R. 437, 142 Fed. 291.

In re Sax (D. C., Pa.), 15 Am. B. R. 455, 141 Fed. 223.

In re Graning (C. C. A., 2d Cir.), 36 Am. B. R. 162.
What order should provide.

It is error to embody in the order what is substantially a judgment for contempt and an alternative order of committal therefor. The issue on the question of contempt is entirely separate.

In re Cole, 16 Am. B. R. 302, 144 Fed. 392, 75 C. C. A. 330, revg. 14 Am. B. R. 389, 135 Fed. 439.

In re Baum (C. C. A., 8th Cir.), 22 Am. B. R. 295, 169 Fed. 410, 94 C. C. A. 632.

Order should require payment to the trustee.

In re Baum (supra).

Sufficiency of.

In re Kramer (D. C., Pa.), 31 Am. B. R. 377, 209 Fed. 627.

In re Pennell, 32 Am. B. R. 241, 214 Fed. 337, 130 C. C. A. 645.

Upon a bankrupt's petition to review an order adjudging him in contempt for failure to obey an order to turn over assets to his trustee, the latter order is not reviewable.

In re Lans (C. C. A., 2d Cir.), 19 Am. B. R. 458, 158 Fed. 610, 85 C. C. A. 432. Order refusing to direct delivery, is not res adjudicata upon subsequent plenary action.

Murray v. Joseph (D. C., N. Y.), 16 Am. B. R. 704, 146 Fed. 260.

Bankrupt's testimony at meeting of creditors may be admissible in "turn over proceeding."

In re Greer (D. C., Ark.), 26 Am. B. R. 811, 189 Fed. 511.

Good v. Kane (C. C. A., 8th Cir.), 32 Am. B. R. 19, 211 Fed. 956, 128 C. C. A. 454.

Recovery from third persons.

When it is clear that third person's possession is merely colorable.

In re Friedman (C. C. A., 2d Cir.), 20 Am. B. R. 37, 161 Fed. 260, 88 C.

C. A. 306, affg. 18 Am. B. R. 712, 153 Fed. 939.

In re Moore, 5 Am. B. R. 151, 104 Fed. 869.

In re Blum (C. C. A., 7th Cir.), 29 Am. B. R. 332, 193 Fed. 304.

In re Meier (C. C. A., 8th Cir.), 25 Am. B. R. 272, 182 Fed. 799, 105 C. C. A. 231.

Determining whether claim is adverse or colorable-jurisdiction to proceed

further.

In re Hayden (D. C., Mass.), 22 Am. B. R. 764, 172 Fed. 623.

In re Mimms & Parham (D. C., Ky.), 27 Am. B. R. 469, 193 Fed. 276.

In re Ironclad Mfg. Co. (C. C. A., 2d Cir.), 27 Am. B. R. 490, 191 Fed. 831, 112 C. C. A. 345.

In re Peacock, 24 Am. B. R. 159, 178 Fed. 851.

In re Gill (C. C. A., 8th Cir.), 26 Am. B. R. 883, 190 Fed. 726, 111 C. C. A. 454.

Taken under a void attachment.

In re Graessler & Reichwald (C. C. A., 9th Cir.), 18 Am. B. R. 694, 154 Fed. 478, 83 C. C. A. 304.

Where only question of law is raised.

In re Michaelis & Lindeman (D. C., N. Y.), 27 Am. B. R. 299, 196 Fed. 718.
Where assets have been forcibly taken out of estate while in custodia legis.
In re Landis, 18 Am. B. R. 483, 151 Fed. 896.

Sale of assets after filing of bankruptcy petition.

In re Denson, 28 Am. B. R. 158, 195 Fed. 854.

To recover money paid after the filing of the petition.

In re R. & W. Skirt Co. (C. C. A., 2d Cir.), 34 Am. B. R. 353, 222 Fed. 256, 138 C. C. A. 67.

Adverse claimant.

Allegation that claim is "

Merely colorable" must be supported by allegation

of facts in support thereof to give referee jurisdiction to hear on merits. In re Tarbox, 26 Am. B. R. 432, 185 Fed. 985.

In re Yorkville Coal Co. (C. C. A., 2d Cir.), 33 Am. B. R. 633, 211 Fed. 619, 128 C. C. A. 570.

Scope. (Sec. 23-b construed).

In re Ballou, 33 Am. B. R. 21, 215 Fed. 810.

Musica et al. v. Prentice (C. C. A., 5th Cir.), 31 Am. B. R. 687, 211 Fed. 326, 127 C. C. A. 575, affg. In re Musica & Son, 30 Am. B. R. 555, 205 Fed. 413, appeal dismissed, 234 U. S. 263, 58 L. Ed. 1305.

Order referring proceeding to special master for determination not an adjudication of what constitutes an adverse claim.

In re Auerbach (C. C. A., 2d Cir.), 29 Am. B. R. 791, 202 Fed. 192, 120 C. C. A. 406.

Officer of bankrupt corporation not an adverse claimant. In re Kornit Mfg Co. (D. C., N. J.), 27 Am. B. R. 244, 192 Fed. 392.

In re Cantelo Mf'g Co. (D. C., Me.), 29 Am. B. R. 704, 201 Fed. 158.
Failure to allege possession of property in officer of bankrupt corporation.

In re Brockton Ideal Shoe Co. (C. C. A., 2d Cir.), 29 Am. B. R. 846, 202 Fed. 199, 120 C. C. A. 447.

No jurisdiction by summary order when in hands of State court on replevin. In re L. Rudnick & Co. (C. C. A., 2d Cir.), 20 Am. B. R. 33, 160 Fed. 903, 88 C. C. A. 85.

See, Knapp and Spencer Co. v. Drew (C. C. A., 8th Cir.), 20 Am. B. R. 355, 160 Fed. 413, 87 C. C. A. 365.

Waiver by failure to object to jurisdiction.

Haffenberg v. Chicago Title & Trust Co. (In re Raphael), (C. C. A., 7th Cir.), 27 Am. B. R. 708, 192 Fed. 874, 113 C. C. A. 198.

Joinder of a defense on the merits with challenge to jurisdiction not permitted.
In re Kornit Mf'g Co. (D. C., N. J.), 27 Am. B. R. 244, 192 Fed. 392.
Failure to object to jurisdiction until before appellate court.

In re Hopkins (C. C. A., 2d Cir.), 36 Am. B. R. 158.

Order conclusive that at the time such order was made the bankrupt was

in possession of the property directed to be turned over.

In re Frankel (D. C., N. Y.), 25 Am. B. R. 920, 184 Fed. 539.

Bankrupt estopped from denying such fact upon a motion to punish for contempt for refusing to obey.

s. c. (supra).

Only issue open is to show what he has done with the property since date of order.

s. c. (supra).

In re Marks, 22 Am. B. R. 568, 171 Fed. 281.

Cases holding contra,

In re Haring, 27 Am. B. R. 28, 203 Fed. 229, 121 C. C. A. 435, affg. 193 Fed. 168.

In re Goodrich (D. C., Mass.), 25 Am. B. R. 789, 192 Fed. 746.

In re Cole (C. C. A., 1st Cir.), 20 Am. B. R. 761, 163 Fed. 180, 90 C. C. A. 50.

Form No. 180

SUMMARY ORDER THAT BANKRUPT TURN OVER CONCEALED ASSETS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 120.)

to compel

the trustee herein having made an application the bankrupt above named, to turn

property belonging to his estate, alleged to be in the possession and control of said bankrupt and which the said bankrupt is fraudulently concealing from his said trustee, and the said

having filed his verified answer thereto and the matter having been duly heard and testimony taken, and the referee having rendered a decision thereon,

Now, upon reading and filing the petition of trustee herein, verified the ...

........

day of

....

bankrupt herein, verified the

19...,

19..., the testimony and all proceedings had

herein and after hearing

trustee, in support of said petition, and

for

...

.. in opposition thereto, it is, upon motion of attorney for said trustee,

Ordered, that the prayer of the trustee's petition herein, be, and

it hereby is, granted, and

It is further ordered, that the said

herein, account for and pay over within

bankrupt

days to

as trustee herein, the sum of $........ belonging to his said estate in bankruptcy and found to be in his possession or under his control.

Dated

19...

Referee in Bankruptcy.

Form No. 181

PETITION UNDER SEC. 601 TO RE-EXAMINE ATTORNEY'S FEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 121.)

United States District Court,

1. That he is the trustee herein, duly qualified and acting.

........

day of

19..., an

2. That on or about the involuntary petition in bankruptcy was filed against the above named bankrupt, and Esq., was on the same day duly appointed temporary receiver herein and duly qualified, and that subsequently on said petition the said

adjudged a bankrupt, and on the ...... day of petitioner was duly appointed trustee herein.

was duly 19...,

3. That your petitioner through his attorney, has conducted a lengthy examination of the bankrupt and various witnesses at the adjourned first meeting of creditors. That among the persons examined was Esq., an attorney at law of this court,

residing in this district, and with an office at No.

city of ...

...

and the attorney for the bankrupt herein. That from said examination, it appears that the bankrupt herein in contemplation of bankruptcy has paid to the said

.....

his attorney, the sum of $........ for services to be rendered in connection with the said bankruptcy proceedings.

....

4. That your petitioner alleges that the said performed no services entitling him to retain the sum of $..... nor any part thereof.

has

5. That no previous application has been made for an order herein. Wherefore, your petitioner prays for an order under section 60 (d) of the Bankruptcy Act, that the said payment be re-examined by this court and that the said ... be directed to turn over

to your petitioner as trustee, the sum of $..... as a part of the assets belonging to this estate and for such other and further relief as may be just and proper.

[Verification.]

Cross-references.- See §§ 60 and 62, Vol. II, ante.

Petitioner.